EDWARDSVILLE - The chief executive of a company should not face a deposition before attorneys for a plaintiff who has filed a claim of race and sexual discrimination.
A hearing on a motion for reconsideration will be heard Dec. 12 in Madison County Circuit Court before Judge David Hylla.
Kamia Smith filed a complaint on June 22, 2018, in the circuit court against Cooper B-Line Inc. and Ryan Fitzpatrick, one of her supervisors, accusing them of wrongful termination and retaliation. She accused the company and the individual of violations of the Illinois Human Rights Act.
The complaint against Fitzpatrick was dismissed by the court, but Judge Hylla did rule that the action against the company can continue. He also ruled that Craig Arnold, the chief executive of Cooper B-Line's parent company, Eaton, can be deposed by the plaintiff's lawyers.
In a motion, attorneys for the defendant argued that Arnold is being asked to sit for deposition because of his signature on a company statement of policy relating to discrimination, one that is no longer a trial exhibit.
Arnold has no personal knowledge of the alleged discrimination and other employees are available to deliver testimony on the policy, the motion states.
Any testimony the chief executive could give is "immaterial" to whether the plaintiff was terminated because of her gender, race or sexual orientation, it is argued.
Smith, who is African-American, claims her race and sexual orientation were factors in her termination from the company, which has a base in Highland.
According to the complaint, the plaintiff began her employment with Cooper B-Line in February 2016. She claims to have been treated unfairly and that her termination followed unproven allegations she threatened gun violence in the workplace.
The company has claimed Smith was fired for violations of safety rules and attendance related issues.
Smith is represented by John H. Leskera of Leskera Law Firm in Collinsville. Cooper B-Line is represented by Carrie L. Kinsella and Doriyon C. Glass of Jackson Lewis in St. Louis and Cleveland, Ohio.
Madison County Circuit Court case number 18-L-832